Surgery is often necessary and possibly even life-saving, but a needless operation could cause a patient entirely avoidable and possibly irreversible harm. If this avoidable harm was caused by a medical professional failing to provide you with the correct standard of care, you may be eligible to claim unnecessary surgery compensation.
We explain how and when you can make a medical negligence claim, as well as discussing what effects of negligent surgery could be covered if you are awarded compensation.
You can also learn how specialist support could be yours if you take on the services of a No Win No Fee solicitor from our panel of medical negligence experts.
If you’ve suffered harm due to surgical negligence and want to know if you could claim compensation, we run a free 24/7 help service. There’s no obligation to claim either, so for your free claim assessment, get started now through one of these routes:
- Call us on 0333 000 0729
- Use our web form to contact us and request a callback.
- Open the live chat tab at the foot of the page for immediate help.
Browse Our Guide
- What Is An Unnecessary Surgery Claim?
- What Are Common Unnecessary Surgery Claims?
- How Do I Claim Unnecessary Surgery Compensation?
- Can I Claim For The Long Term Impact Of Unnecessary Surgical Procedures?
- How Much Unnecessary Surgery Compensation Could I Receive?
- Why Claim Unnecessary Surgery Compensation On A No Win No Fee Basis?
- More Information About Medical Negligence Claims
What Is An Unnecessary Surgery Claim?
Numerous different medical professionals are involved in a surgical procedure, including surgeons, nurses and anaesthetists. Accounting for other steps like diagnosis, testing and potentially even emergency treatment, your surgery could be the result of input from many different healthcare practitioners.
Every medical professional along that treatment journey owes you a duty of care. This means that they have to provide you with the correct standard of medical treatment at all times. They might look to a regulator for guidance on what correct medical care looks like. For example, surgeons can refer to the tenets of good practice laid out by the General Medical Council (GMC).
Unnecessary surgery claims arise when a deviation from those standards leads to surgery that was not needed and causes harm that could have otherwise been avoided. This is the definition of medical negligence, otherwise known as clinical negligence.
In summary, you can make a medical negligence claim if you can show that:
- A medical professional breached a duty of care that they owed you.
- This happened because their treatment did not meet the standard expected of a competent professional.
- Because of this breach of duty, you experienced avoidable harm.
If you’ve suffered harm after surgery, consider whether your pain could have been avoided and whether the care you received was not up to standard. If you believe you could claim unnecessary surgery compensation, or have questions about medical negligence claims, call our free helpline at any time for support.
What Are Common Unnecessary Surgery Claims?
As we touched on in the previous section, a lot of professionals can be involved in the lead-up to surgery. This means that an unnecessary surgery negligence claim could come about for different reasons.
In this section, we take a closer look at examples of negligence that could lead to an unnecessary surgery compensation claim.
Unnecessary Surgery Due To A Misdiagnosis
A diagnosis by a GP, doctor or surgeon could be the reason that surgery is determined to be the correct treatment. But if a breach of duty led to a misdiagnosis, the patient could end up undergoing surgery that was not at all necessary.
For example, a doctor fails to listen to a patient’s symptoms and mistakenly diagnoses breast cancer. The cancer misdiagnosis leads to the patient receiving a mastectomy. However, the surgeon learns that they have performed surgery unnecessarily only after cutting into the breast. This causes the patient to experience unnecessary pain and emotional distress.
Full Surgery Instead Of A Keyhole Alternative
Among the surgeon’s responsibilities is the requirement to consider all treatment options. They should inform patients, explaining the risks involved and getting informed consent to perform surgery. Because surgery can be naturally risky, they should also investigate non-surgical alternatives where possible.
Full surgery carries more potential risk than a keyhole procedure, which is typically more routine surgery. Full surgery also extends the patient’s hospital stay more than less invasive treatment would.
Unnecessary surgery compensation claims could originate from patients not being offered all possible options if full surgery causes harm that could have been avoided if a keyhole alternative had been recommended.
Surgery As A Result Of Misreading Test Results
Tests such as X-rays or CAT scans can be used to identify a condition. They might be used as the basis for performing surgery. If a negligent oversight or error leads to test results being misinterpreted, it could lead to an inappropriate procedure.
For example, scans are ordered after concerns are raised about a patient’s heart. They are misread and, as a result, the patient has to undergo surgery. The needless heart surgery does not help and leaves the patient with a significant scar on their chest.
If the scan had been read correctly or a second opinion had been sought, the patient would have been spared from undergoing unnecessary surgery.
Wrong Site Surgery Errors
Unnecessary or inappropriate surgery in the wrong part of the body could not only affect the operated-on area, but the issue that the surgery should have been dealing with. A compensation claim for unnecessary surgery could be made if substandard care caused such an error.
For example, a surgeon could be liable if they failed to read a patient’s notes properly before performing surgery and then amputated the wrong limb. In such a case, the limb that originally needed the surgery could still need to be amputated, leaving the patient’s life irreversibly changed.
If you’ve undergone surgery that was not needed and suffered avoidable pain, you might have a valid claim. Find out if you do by calling today, and we can help you learn if a medical negligence solicitor can help you pursue a compensation case.
How Do I Claim Unnecessary Surgery Compensation?
Gathering and then presenting evidence is vital to the medical negligence claims process. Should the defendant deny liability, the onus will be on you to prove that surgery negligence occurred.
Firstly, you should request a copy of your medical records to show your condition, symptoms and experience of treatment. As well as potentially highlighting when errors occurred, it can show any further surgery or treatment needed because of negligent care. Also, keep a diary to track any unnecessary pain or discomfort you’ve suffered.
Furthermore, you could see if you can collect contact details from any witnesses.
A medical negligence solicitor can help you collect further evidence to support your case if instructed. One form of evidence is an independent medical assessment of the harm you’ve suffered.
Another potential form of proof is the Bolam Test, where a panel of independent medical experts assess the care and offer their insight on whether it met the correct standard.
Call today if you have any questions about how to prove medical negligence or the evidence that helps unnecessary surgery compensation claims succeed. You can also learn if one of our expert medical negligence solicitors could take on your case.
Can I Claim For The Long Term Impact Of Unnecessary Surgical Procedures?
One form of evidence we did not touch on in the previous section is proof of financial loss. This is important because, in certain cases, payouts for unnecessary surgery claims can address the way in which negligence affected you in a monetary sense.
This part of the award, known as special damages, has the potential to represent the main bulk of the compensation you receive. The special damages compensation award could account for many different out-of-pocket expenses and losses, including:
- Medical bills, potentially including the cost of corrective plastic surgery to mitigate scarring.
- A loss of earnings from not working while undergoing treatment.
- Travel expenses. For example, you might have to pay for a bus or taxi to and from medical appointments.
- Home healthcare fees.
Documents showing these losses include payslips, bills and invoices. Just drop us a call or message if you want to learn more about medical negligence compensation and what losses you could seek a payment for under the special damages head of loss.
How Much Unnecessary Surgery Compensation Could I Receive?
While an unnecessary surgery compensation payout does not have to feature a special damages payment, it will definitely include general damages if the claim is a success. This is the main head of loss, accounting for any physical and psychological suffering the patient suffers directly caused by the substandard treatment a medical professional provided when they breached their duty of care.
Those figuring out the general damages payment for someone who has undergone unnecessary surgery can take a look at their medical evidence. They might also get insight from the Judicial College Guidelines (JCG). This document includes suggested compensation brackets for many different types of harm. We have included some of them in the table you see below.
Only the top line of this table is not from the JCG. It’s worth bearing in mind that this table is only a guide because no two surgical negligence cases are exactly alike. For a more detailed insight into how much compensation you could claim for surgical negligence, just call our helpline.
| HARM | LEVEL | AWARD | NOTES |
|---|---|---|---|
| Multiple Types of Severe Harm and Financial Loss | Severe | Up to £1,000,000+ | Compensation addressing numerous forms of illness or injury. Additionally, a payout includes compensation for lost earnings, medical bills and other financial losses. |
| Leg Amputations | Below-Knee Amputation of Both Legs | £245,900 to £329,620 | Factors like phantom pain severity and other issues associated with having a stump affect the level of award. |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 | The payout can factor in loss of amenity, such as the inability to take part in certain sports. | |
| Back | Severe (i) | £111,150 to £196,450 | The most severe cases that involve spinal cord and nerve damage. |
| Amputation of Arms | Loss of One Arm (i) | Not Less Than £167,380 | Amputation of one arm at shoulder level. |
| Loss of One Arm (iii) | £117,360 to £133,810 | A below-elbow amputation. | |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 | Affecting a relatively young claimant and causing a severe psychological reaction as well as disfigurement. |
| Less Significant Scarring | £4,820 to £16,770 | The scarring mars but doesn't markedly affect the person's appearance. | |
| Brain Damage | Less Severe | £18,700 to £52,550 | The affected person will have made a good recovery and can return to work and a normal social life. |
| Scarring to Other Parts of the Body | A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 | Includes scarring to the hand(s), arm(s), leg(s), chest or back. |
Why Claim Unnecessary Surgery Compensation On A No Win No Fee Basis?
Many claimants choose to work with one of our medical negligence solicitors because of their experience in handling unnecessary surgery claims. By doing so, they get expert legal advice and dedicated support throughout the whole process to help them achieve the best outcome possible.
Our solicitors’ work is offered under a Conditional Fee Agreement. It means the solicitor won’t ask for a payment for their work upfront or as the case goes on. Losing the case means the solicitor agrees not to charge any fee whatsoever for their efforts.
If you win your case, a small percentage of your unnecessary surgery compensation goes to the solicitor. That percentage, called the success fee, must stay within the legal cap that was established by The Conditional Fee Agreements Order.
You can get all the information you need about this, and more, by contacting our dedicated team of advisors. If you’ve undergone unnecessary surgery and believe you could claim compensation, just ask for a claim assessment. You could be connected to a solicitor if you are able to make a claim, but there’s no obligation and absolutely no charge when you get a consultation.
Start today through any of these options:
- Phone: 0333 000 0729
- Website: Contact us online.
- On this page: Just click the live chat option below.
More Information About Medical Negligence Claims
Here are some further medical negligence claim guides from our collection:
- We review examples of hospital negligence that you could seek compensation for.
- A closer look at GP misdiagnosis compensation claims.
- Our guide to plastic surgery negligence claims.
For some extra guidance:
- NHS – Guidance on recovering from surgery.
- GMC – Report concerns about a doctor or surgical team.
- GOV.UK – Statutory Sick Pay information.
Remember, if you want a consultation or simply want to ask about unnecessary surgery compensation claims, all you need to do is call.
